Monday, April 19, 2021

Oral argument tips

Today's DJ has Moskovitz on Appeal in Appellate Adventures, "What Should I Do at Oral Argument?" offering the following tips

  • Have a short and punchy theme
  • Never read a speech
  • Never answer a question by saying 'I plan to get to that.' Always stay in the moment and follow the court's lead.
  • "Be polite and helpful, but don't be afraid to be bold and aggressive."
  • "Don't dwell on trivia" and "don't bring up many cases."
  • "Know the record and bring it with you."
  • It's ok to criticize the trial court's ruling and reasoning (and the other side's arguments), but "never attack either of them personally."
  • "Show some passion, but keep your language moderate and professional."
  • Use rebuttal "to go for the guts of the case"--"don't waste it with trivia."
  • Have a good time.